Expert opinion: rules for drawing up an employment contract. An employment contract with an employee - the subtleties of drafting. Sample employment contract with an employee and form Procedure for drawing up an employment contract

As a rule, hiring an employee is accompanied by the conclusion of an employment contract. All relations related to the conclusion, amendment and termination of an employment contract are regulated.

Features of document preparation

An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide work, ensure working conditions and pay for it on time, and the employee undertakes to perform the work for which he was hired, observing the rules of the routine established by the employer -.

The employment contract must necessarily contain the following information:

1. Full name of the employee and employer, if the employer is a legal entity, name of the organization.
2. Employee passport data - number and date of issue.
3. TIN of the organization.
4. Data of the person who signed the agreement on behalf of the enterprise, and the documents on the basis of which he is granted the right to sign this document.
5. Date and place of conclusion of the contract.
6. The place of work must be indicated if hiring is carried out in a branch located in another area.
7. The start date of work is indicated only in case of concluding a fixed-term employment contract.
8. Remuneration, namely salary according to the tariff schedule, allowances, bonuses and other incentive payments.
9. The work and rest schedule must be specified only if it differs from the general rules of the enterprise for which the employee is employed.
10. If the working conditions at the enterprise are dangerous or harmful to the health of the employee, then the contract must describe his guarantees and compensation provided for work in dangerous or hazardous production.
11. Conditions determined by the nature of the work performed - traveling, mobile, etc.
12. Working conditions.
13. Conditions for concluding an agreement on compulsory social insurance of an employee.

This information is mandatory, but its absence cannot be grounds for termination of the employment contract. The missing information is included in the contract itself, and the missing conditions are included in the annex to the contract -.

Contract form

The employment contract must be concluded in writing and signed in two copies, one of which remains with the employee, and the second is kept by the employer. The issuance of a copy of the agreement is certified by the employee’s signature on a copy of the employer’s agreement.

Important! If the employment contract was not drawn up in writing, but the employee began to perform his duties with the knowledge and permission of the employer, then such an agreement is considered concluded -.

Probation

A probationary period for employment can only be established by agreement of the parties. If the contract does not contain conditions for a probationary period, then the employee is considered hired without a trial -.

If an employee was hired without drawing up an employment contract, then the condition of his probation may be established by a separate agreement concluded before the start of work.

During the probationary period, the employee has all the rights provided for by law, regulations, agreements and contracts containing labor law norms.

A probationary period cannot be assigned:

1. For minors.
2. Pregnant women, as well as women raising a child under the age of one and a half years.
3. Persons who have passed the competition to fill the relevant position.
4. For persons who have received higher education under state programs and are getting a job for the first time - within 1 year after receiving their diploma.
5. Employees who received a transfer job that was agreed upon with the management of the organization.
6. Employees of elected office.
7. Employees who have entered into an agreement for a period of no more than 2 months.

The probationary period for ordinary employees cannot be set for more than 3 months. For managers, chief accountants and their deputies, as well as heads of branches and representative offices, the maximum probationary period is 6 months.

If the term of the employment contract does not exceed six months, then the probationary period cannot exceed 2 weeks. The probationary period does not include the period the employee is on sick leave, as well as the period of his absence from work.

Documents required for concluding an agreement

When hiring, the employer has the right to require the following documents:

• Passport or a document replacing it.
• Work book.
• Insurance certificate.
• If a person is liable for military service, then a military registration document.
• Document on education and qualifications.
• Certificate of criminal record.
• Additional documents required by the specifics of the work.

Important! The law prohibits, when applying for a job, from requiring additional documents not provided for by the Labor Code of the Russian Federation, Federal laws, as well as presidential decrees and Government resolutions.

If a person gets a job for the first time, the employer himself issues a work book. If the book is lost, the employer is obliged to replace it upon a written request from the employee.

The agreement is considered concluded from the date of its signing. The employee is obliged to begin performing his duties from the date specified in the contract. If the date was not specified by the contract, then the next day after signing the contract.

If the employee does not begin his duties on the day specified in the contract, then the employer has the right to cancel the contract. A canceled contract is considered invalid -.

Completed sample document

Employment contract No. ________

_____________ “____”______________201__

LLC "Firm" represented by the director ____________________________, acting on the basis of the Charter, hereinafter referred to as the "Employer", on the one hand, and citizens ________________________________________________________________________________, hereinafter referred to as the "Employee", on the other hand, have entered into this agreement as follows:

1. General Provisions.

1.1. An employee is hired at Firma LLC at the address: ___________________________________________ for the position ___________________________________________________________________.

1.2. The employee is obliged to start work from “____”_______________201___.

1.3. The employee is given a probationary period of ____________months.

The probationary period does not include the period of temporary disability and other periods when the Employee, with the permission of the Employer, was absent from work for valid reasons, as well as absence from work without a valid reason (absenteeism).

The Employee who has passed the test continues to work without any additional registration.

If the test result is unsatisfactory, the Employee is released (dismissed) from work on the basis of an order from the Employer.

1.4. During the probationary period, the Employee is fully subject to the labor legislation of the Russian Federation.

1.5. This agreement is concluded for an indefinite period.

1.6. Work for the Employer is the Employee’s main place of work.

2. Responsibilities of the parties

2.1. The employee undertakes:

2.1.1. Perform job duties specified in the job description.

2.1.2. Maintain labor, production and financial discipline and conscientiously perform their official duties specified in clause 2.1.1 of this employment contract.

2.1.3. Obey the internal labor regulations, including observing the daily routine established in the institution.

2.1.4. Treats the Employer's property with care, including equipment and office equipment in his use, and ensures the safety of the documentation entrusted to him.

2.1.5. Do not disclose during the period of employment with the Employer, as well as in the subsequent year after dismissal, data that is a trade secret of the Employer and confidential information obtained in the course of one’s employment.

2.1.6. Carry out efficiently and in a timely manner the instructions, tasks and instructions of the director of the institution given by him in accordance with his competence.

2.1.7. Comply with labor protection, safety and industrial sanitation requirements.

2.1.8. Contribute to the creation of a favorable production and moral climate, the development of corporate relations in the Employer’s workforce.

2.1.9. If the information entered on the card changes (family composition, passport data, residential and registration address, contact phone number, etc.), notify the Employer within 2 days.

2.2. The employee has the right:

2.2.1. Familiarize yourself with the Employer’s regulatory documents regulating the Employee’s activities.

2.2.2. For the provision of work stipulated by this agreement.

2.2.3. To a workplace that meets the conditions of state standards and labor safety.

2.2.4. For annual paid vacations (main and additional) in accordance with the Labor Code of the Russian Federation and the vacation schedule.

2.2.5. For timely and full payment of wages in accordance with your position, qualifications, conditions, complexity of work and quality of work performed.

2.3. The employer undertakes:

2.3.1. Comply with the terms of this employment contract, requirements and laws governing the work of employees.

2.3.2. Provide the Employee with the conditions necessary for safe and effective work, equip his workplace in accordance with labor protection and safety rules.

2.3.3. Pay wages stipulated by this employment contract and other payments due to the Employee on time.

2.3.4. Provide guarantees and compensation established by the current legislation of the Russian Federation and the Republic of Kazakhstan.

2.3.5. In the prescribed manner, make entries in the Employee’s work book, store it and issue it to the Employee on the day of dismissal.

2.3.6. Ensure the protection of the Employee’s personal data contained in their personal files and other documents from unlawful use or loss.

2.4. The employer has the right:

2.4.1. Require the Employee to conscientiously perform work duties and comply with internal labor regulations.

2.4.2. Encourage him for conscientious and effective work.

2.4.3. In case of production necessity, recall the Employee from the next vacation with subsequent compensation of unused vacation days.

2.4.4. Bring the Employee to disciplinary or financial liability in cases of improper performance of duties and causing material damage to the Employer in accordance with federal laws, laws of the Republic of Kazakhstan and internal labor regulations.

2.4.5. If there is a need to conduct professional training, retraining, advanced training in educational institutions of professional higher and further education at the expense of the Employer.

3. Remuneration

3.1. The employee is set, in accordance with the staffing table, an official salary according to the ________ wage category of the unified tariff scale (UTS) for the remuneration of employees of municipal institutions.

3.2. The employee is given a bonus in the amount of:

• percentage bonus for work in the Far North and equivalent areas ______%.
• regional coefficient to wages _____%.

3.3. Monthly bonus in the amount of ______% of the official salary.

3.4. Payment of bonuses, allowances, additional payments and provision of financial assistance is carried out within the limits of the wage fund approved for the current year.

3.6. The procedure and conditions for bonuses are established by the “Regulations on material incentives for employees of the institution.

4. Work and rest schedule. Providing leave

4.1. The employee is assigned a 36-hour work week - 5 days with two days off (Saturday and Sunday).

4.2. The start and end times of the working day, rest breaks are determined by the internal labor regulations.

4.3. Involvement of the Employee to work on a day off and a non-working holiday is carried out with the written consent of the Employee by written order of the Employer with the agreement of another day of rest.

4.4. The employee is annually granted regular leave with pay for a duration of 28 calendar days.

Leave for the first year of work is granted after six months of continuous work with the Employer. In cases provided for by the Internal Labor Regulations, at the request of the Employee, leave may be granted until the expiration of six months of continuous work with the Employer.

Vacation for the second and subsequent years of work is provided in accordance with the priority of vacations, according to the vacation schedule approved by the Employer, drawn up taking into account the wishes of employees about the time of the proposed vacation.

4.5. Replacement of regular vacation with monetary compensation is not permitted, except in cases of dismissal of an Employee who has not used the granted vacation.

4.6. The employee is granted additional leave for work in areas equivalent to the regions of the Far North in the amount of 16 calendar days.

At the request of the employee, additional leave can be replaced with monetary compensation.

4.7. Part of the annual paid leave exceeding 28 calendar days, not used in the current year, can be replaced by monetary compensation upon the written application of the employee in the year following the current one.

4.8. For family reasons and other valid reasons, the Employee, at his request, may be granted short-term leave without pay.

5. Responsibility of the parties

5.1. In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this agreement, violation of labor legislation, internal labor regulations, as well as causing material damage to the institution, he bears disciplinary, financial and other liability in accordance with current legislation.

6. Grounds for termination of an employment contract

6.1. Termination of this employment contract occurs in accordance with current labor legislation, as well as in the event of violation of the obligations assumed by the parties.

6.2. The contract may be terminated:

• by agreement of the parties;
• at the initiative of the Employee, on the grounds provided (by written warning to the Employer two weeks before termination);
• at the initiative of the Employer, in the following cases:
• liquidation of the enterprise;
• reduction in the number or staff of the enterprise;
• inconsistency of the Employee with the position held or the work performed as a result of:
• health status in accordance with a medical report;
• insufficient qualifications
• repeated failure by the Employee to fulfill his labor duties without good reason, if he has received a disciplinary sanction;
• a single gross violation of labor duties by the Employee;
• disclosure by the Employee of a trade secret that became known to him in connection with the performance of his job duties;
• commission of guilty actions by an Employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him on the part of the Employer;
• submission by the Employee to the Employer of forged documents or knowingly false information when concluding an employment contract;
• on other grounds provided for;
• in the event of a change in significant working conditions and (or) violation by the Employer of its obligations under this Agreement;
• in other cases provided for by the legislation of the Russian Federation.

7. Special conditions

7.1. An employee does not have the right to perform other paid work during working hours under an employment contract with another Employer.

7.2. All materials created with the participation of the Employee on the Employer’s instructions are the property of the Employer and cannot be transferred to other persons without his consent.

7.3. The terms of this Agreement can be changed only by agreement of the parties and must be in writing.

7.4. The agreement comes into force from the moment it is signed by the parties.

7.5. The agreement is drawn up in two copies. The first is kept by the Employer, the second is kept by the Employee. Both copies, signed by both parties and certified by the seal of the Employer, have equal legal force.

7.6. The parties undertake not to disclose the terms of the contract and not to transfer it to third parties, classifying this as disclosure of official secrets.

For all types of hiring new applicants, an employment contract is signed between the parties to legal relations, which is the main document for regulating emerging legal relations. According to the provisions of the Law, the possibility of an oral agreement is not excluded, but only written recording of the rules for performing labor, as well as mutual consent of the parties to the agreed conditions, provides the opportunity for legal protection of the parties in the event of labor disputes.

Basics

Some proceedings eliminate the need to sign a contract, but the significance of the document should not be downplayed, since the legislator determines that the agreement plays a key role in the formation of legal relations between the employee and the authorities. In particular, it can be noted that TC has the following practical significance:

• recording the working conditions of each specific employee;
• official confirmation that the citizen is an officially employed person at a specific enterprise;
• prevention of unauthorized promotions, as well as other significant changes in the work of personnel;
• confirmation of mutual consent of the participants to perform work under the conditions described in the document;
• approval of the procedure for the operation of labor relations, as well as fixation of methods for terminating an employment contract;
• the possibility of using a contract as the main evidence when defending personal rights and interests in court.

Subjects

The procedure for concluding an employment contract implies the mandatory presence of two participating parties - a company represented by a representative on the one hand (employer) and an individual who wants to start working (employee) on the other. On the employer's side, an authorized person from management may act, who has the right to sign contracts with applicants. On the other hand, citizens who have reached the age of 16 can be involved in work.

In addition, there are a number of age exceptions and restrictions for applicants. Namely:

• as an exception, it is allowed to involve 15-year-old teenagers in light work without the written consent of adult guardians;
• when engaging in official work at the age of 14 to 15 years, parental consent is required;
• areas of employment are provided that allow the work of minors who are under 14 years of age, but only with the consent of adults, as well as with confirmation that employment will not interfere with education and will not affect the mental development of the child.

As for the extreme upper age limit, it does not exist. On the territory of the Russian Federation, even persons who have reached retirement age can be involved in work. But there may be some restrictions for certain categories of workers, such as military and government employees.

The agreement is drawn up in several stages. After the parties undergo an oral interview and it is decided to satisfy the applicant’s request for employment, the text of the future contract is prepared, which the participants become familiar with. When points are identified that do not satisfy one or another employee, the text is redone and prepared in a new edition. And only if the content fully complies with the wishes of both participants, the contract is submitted for signing.

Important! In the event of labor disputes, the signed agreement will serve as the main document, since the signing of the contract indicates the mutual agreement of the parties to describe the terms of performance and payment. Therefore, the text should be as complete as possible and should include alternative ways to resolve possible conflict situations.

• full information about the participants (last name, first name, patronymic, registration and actual residence address, contact details of the employee, as well as the legal address and name of the employer’s company);
• identification documents of each party;
• date and place of drawing up the document, as well as its name;
• place of work (that is, the branch and its location are specified);
• proposed position, as well as type of employment (full-time, part-time, home work);
• the procedure for forming the working week;
• basic working conditions;
• additional working conditions that involve increased danger or harmful conditions;
• additional payments or other guarantees that are compensation for special conditions of service;
• the procedure for making payments (frequency of payment, salary amount, as well as a list of regular financial incentives);
• the procedure for calculating penalties and the list of possible offenses subject to punishment;
• organization of a probationary period (conditions for its payment and termination).

It would also be a good idea to display the rules for calculating vacation days and their use. Also, if the contract is concluded for a certain period of time, then it is necessary to display the circumstances and the date of termination.

Classification

Traditionally, types of employment contracts differ in terms of their duration:

• urgent;
• unlimited

Unlimited period

As a rule, according to legal requirements, all contracts are concluded for an indefinite period, unless otherwise provided in the terms of the employment agreement. Moreover, employers have a limited list of grounds on which they may limit the duration of an agreement.

If the agreement is drawn up for an unlimited period, then it is not necessary to additionally indicate this point in the text of the agreement. And the termination of the agreement occurs on a general basis, in accordance with the requirements of labor legislation.

Limited period

As mentioned above, a fixed-term employment contract can only be signed if there are legal grounds for it. At the same time, the validity period of the agreement is necessarily indicated in the text of the contract. And also, evidence is additionally displayed that the applicant cannot be employed indefinitely.

At the end of the established validity period of the document, there are two possible solutions:

• termination of labor relations;
• signing an addition to the current document, which indicates the fact of continuation of work.

Also, the extension of a fixed-term employment contract can occur automatically. If, at the end of the term of validity of the document, the employer did not send the employee a notice of termination of the legal relationship, and also such an initiative was not received from the employee himself, and at the end of the term the employee continues to perform his job duties, then the contract is considered to be extended for an unlimited period.

When the parties to the agreement decide to extend the working relationship for another limited period, it must be remembered that the maximum period for such an extension is five years. And the employer undertakes to notify the employee of the need to continue the contract no later than three days before the agreed date.

Additionally, fixed-term employment relationships can be divided into three more subgroups. The first group is contracts whose validity is limited to specific calendar dates. The second group consists of those agreements whose actions are limited to the implementation of a certain activity, that is, the need to complete a certain amount of work. And the third group includes those contracts that are signed with employees temporarily filling vacant vacancies. But, regardless of the type of contract signed, both parties must avoid violating the rights and freedoms of the second party, otherwise the contract may be canceled in court.

The first thing an employee must do after successfully passing an interview and receiving a job offer is to enter into an employment contract. In order to secure your rights and obligations as correctly as possible, it is necessary to correctly draw up an employment contract.

Definition of “Employment contract”, according to the Labor Code of the Russian Federation:

An employment contract is a document that establishes the relationship between an employee and an employer, according to which the latter undertakes to hire an employee for a specific position and provide appropriate working conditions. pay wages on time and in full, and the first must perform all functions assigned to him, in accordance with his position, and adhere to the daily routine adopted in this organization.

Procedure for drawing up an employment contract

After the employee and employer have reached a verbal agreement on all issues related to the upcoming position, the process of drawing up an employment contract begins. Conventionally, the employment contract is divided into 3 stages.

Stage 1. Submission of documents

The employee submits to his employer, or rather, submits to the HR department the following documents:

• Passport;
• A document confirming the completion of higher education or a certificate of specialty if the training has not yet been completed;
• Work book;
• Certificate of state pension insurance;
• Military ID;
• Certificate of assignment of TIN;
• Medical insurance policy.

If the person being hired has not yet been officially employed, then the employer must help with the preparation of a work book, tax identification number and insurance certificate.

Those who draw up a contract for part-time work, instead of a work book, need to present a copy of it or a certificate from the place of work, which is the main one.

At this stage, the employer familiarizes the employee in detail with the rules and internal documents related to his upcoming activities at this enterprise. The employee puts his signature, which signals that he has familiarized himself with the documents and is ready to take on the responsibility of fulfilling the above.

Stage 2. Drawing up and signing an employment contract

Let's consider the rules for drawing up an employment contract.

There is no unified form of employment contract, therefore each organization develops its own contract for employees. But there are general rules for its preparation that every employer must follow in accordance with the Labor Code of the Russian Federation:

1. The employment contract is concluded in two copies in writing. After the parties sign, one copy is given to the employee, and the second remains with the employer.

2. The employment contract must contain the following information:

• representation of the parties,
• Full name of the employee, his qualifications,
• position and nature of the work performed,
• start date of work,
• type of employment contract (fixed-term/indefinite),
• contract for the main place of work/part-time work,
• is the test established and what is its duration,
• rights and obligations of the employer,
• employee rights and obligations,
• characteristics of working conditions,
• features of working hours,
• duration of annual leave,
• the amount of official salary and types of additional payments,
• deadlines for payment of wages,
• type of social insurance,
• signatures of the parties.

3. The conditions specified in the employment contract can be changed in writing by mutual agreement of the parties.

4. At the request of the employer or for individual positions, the terms of non-disclosure of official or commercial secrets are specified in the employment contract.

5. Also, at the request of the employer, a probationary period is established to check the professional suitability of the employee for the position held.

6. Persons over 16 years of age can independently conclude an employment contract. At the age of 15, it is permissible to conclude a contract to perform light labor; from the age of 14, the contract is drawn up with the consent of the guardianship authority or one of the parents.

7. According to the Labor Code of the Russian Federation, it is prohibited to refuse to conclude an employment contract without explaining the reason. Such a refusal can be appealed in court.

Stage 3. Start of employment relationship

The employment contract is considered to come into force from the date of signing, and is also the basis for drawing up an order for employment.

The employee must begin his duties on the date specified in the contract. If such a date is not specified, then the agreement comes into force the next day after signing the agreement.

Now you know how to draw up an employment contract in the best possible way, thanks to this your rights are reliably protected, and your relationship with the employer will be transparent and fruitful.

Download a sample contract form for free:

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Conclusion of an employment contract: registration procedure

Chapter 11. Conclusion of an employment contract

Article 63. Age at which it is permissible to conclude an employment contract

The conclusion of an employment contract is allowed with persons who have reached the age of sixteen years.

In cases of receiving basic general education, or continuing to master the program of basic general education in a form of education other than full-time, or leaving a general education institution in accordance with federal law, an employment contract can be concluded by persons who have reached the age of fifteen years to perform light labor that does not cause harm. their health.

With the consent of one of the parents (guardian) and the guardianship authority, an employment contract can be concluded with a student who has reached the age of fourteen years to perform light labor in his free time that does not harm his health and does not disrupt the learning process.

In cinematography organizations, theaters, theatrical and concert organizations, circuses, it is allowed, with the consent of one of the parents (guardian) and the permission of the guardianship and trusteeship authority, to conclude an employment contract with persons under the age of fourteen to participate in the creation and (or) performance (exhibition) ) works without harming health and moral development. In this case, the employment contract on behalf of the employee is signed by his parent (guardian). The permit from the guardianship and trusteeship authority specifies the maximum permissible duration of daily work and other conditions under which the work may be performed.

Article 64. Guarantees when concluding an employment contract

Unreasonable refusal to conclude an employment contract is prohibited.

Any direct or indirect restriction of rights or the establishment of direct or indirect advantages when concluding an employment contract depending on gender, race, skin color, nationality, language, origin, property, social and official status, age, place of residence (including including the presence or absence of registration at the place of residence or stay), as well as other circumstances not related to the business qualities of employees, are not allowed, except in cases provided for by federal law.

It is prohibited to refuse to conclude an employment contract to women for reasons related to pregnancy or the presence of children.

It is prohibited to refuse to conclude an employment contract to employees invited in writing to work by way of transfer from another employer, within one month from the date of dismissal from their previous place of work.

Read also: Compensation for unused vacation upon dismissal in 2019

At the request of a person who is denied an employment contract, the employer is obliged to provide the reason for the refusal in writing.

Refusal to conclude an employment contract can be appealed in court.

Article 65. Documents presented when concluding an employment contract

When concluding an employment contract, a person applying for work presents to the employer:

passport or other identity document;

work book, with the exception of cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis;

insurance certificate of state pension insurance;

military registration documents - for those liable for military service and persons subject to conscription for military service;

a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training.

In some cases, taking into account the specifics of work, this Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract.

It is prohibited to require from a person applying for a job documents other than those provided for by this Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.

When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are issued by the employer.

If a person applying for work does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application of this person (indicating the reason for the absence of a work book), to issue a new work book.

Article 68. Registration of employment

Hiring is formalized by an order (instruction) of the employer, issued on the basis of a concluded employment contract. The content of the order (instruction) of the employer must comply with the terms of the concluded employment contract.

The employer's order (instruction) on hiring is announced to the employee against signature within three days from the date of actual start of work. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction).

When hiring (before signing an employment contract), the employer is obliged to familiarize the employee, against signature, with the internal labor regulations, other local regulations directly related to the employee’s work activity, and the collective agreement.

General order of registration:

Introducing the employee to the organization’s labor regulations and working conditions

Signing an employment contract

Issuance of an order in form T-1 on employment on the basis of a concluded TD

Registration of T-2 card

How is an employment contract drawn up?

Having made you a job offer, the organization is obliged to conclude an employment contract with you - an agreement between the employer and employee, which describes the rights and obligations of participants in the labor process.

The process of drawing up an employment contract has a number of nuances, by familiarizing yourself with them in advance, you will protect yourself from any ambiguities in your relationship with the employer.

Read the rules
It is worth saying that before concluding an employment contract, the employer is obliged to familiarize you (against signature) with the organization’s internal labor regulations and regulations on remuneration. as well as other local regulations that are directly related to your work activity.

read carefully
In accordance with the requirements of the Labor Code of the Russian Federation (Article 67), an employment contract must be concluded in writing. The document must contain the following information (Article 57): full name of the employee and his passport details; name of the employing organization; Full name and position of the representative of the organization signing the contract; if the employer is an individual, then his full name and passport details; Employer's TIN (except for individuals who are not individual entrepreneurs).

Also, the employment contract must clearly describe the conditions under which the employee is employed by the organization. This is the place of work (indicating the structural unit), the name of the position (specialty/profession) indicating qualifications or a list of professional responsibilities, terms of remuneration (this includes the amount of the official salary, as well as additional payments, allowances and bonuses), the condition of compulsory social insurance of the employee .

Additional terms
In some cases, the employment contract also stipulates: the working hours and rest hours of the employee (if it does not coincide with the regime for the rest of the staff); the procedure and scope of providing compensation for work in harmful/hazardous production; working conditions of a special nature (traveling, on the road, etc.).

Undoubtedly, the contract must include the start date of work, and if the contract is fixed-term, then the event that will serve as the basis for the expiration of such a contract (for example, an employee returning from maternity leave, signing a work acceptance certificate, etc.). The place and date of the contract are also indicated.

Are you ready for the test?
At the employer's discretion, the contract may stipulate the conditions for the employee to undergo a probationary period in order to verify his suitability for the position. The trial period cannot exceed three months. A longer probationary period (6 months) can be established for heads of organizations and their deputies, chief accountants and their deputies, heads of representative offices or other separate structural divisions.

It is important to note that the absence of a probationary period in the employment contract means that the employee was hired without a trial.

Secret - not to disclose, training - to work out
Also, among the additional conditions included in the employment contract, there may be conditions on non-disclosure of state / commercial secrets; about the employee’s obligation to work after completing training, if it was carried out at the expense of the employer.

Don't forget to sign!
Remember that the employment contract is drawn up in two copies, each of which must bear the signatures of the parties. One copy of the contract remains with the employer, the other with you.

The final stage of hiring is the publication of the appropriate order (Article 68), which the employer is obliged to give you for signature within three days from the date of the actual start of your work in the organization.

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Registration of an employee under an employment contract

Concluding an employment contract for hiring

To obtain a new position or work with an applicant, the administration of the enterprise provides an employment contract drawn up by order of the direct employer. A contract is concluded with a new employee, a company, a private entrepreneur, or another employer. In some cases, the document is registered with the municipal administration.

The Labor Code of the Russian Federation regulates the general procedure for drawing up an employment contract. Where it is not enough to write a statement, it is necessary to formalize the agreement in writing. Documents for granting a position legally regulate the basic relationship between the employer and the employee or worker.

Typically, there are two types of job applications:

• Urgent (processing period up to five years).
• Indefinite (longer time).

A fixed-term contract is concluded with an employee in the following cases:

• Temporary replacement for an absent employee.
• Carrying out temporary work for up to two months.
• Registration of labor service (court decision).
• Small company (up to thirty-five people).
• The employer is not a private entrepreneur.
• Part-time employment without registration.
• Having another permanent job or studying at a university, college, etc.
• The applicant has reached retirement age or received a pension for other reasons.

A fixed-term employment agreement is officially terminated upon expiration of the period specified in it. And formalizing the termination of an employment contract requires notifying the employee no later than three days before the date of dismissal. If an employee continues to work after the end of the agreed period of time without objections from the company administration, the contract is automatically considered extended for an indefinite period. The contract is transferred from the status of a fixed-term employment contract to an open-ended one.

According to an employment contract, the agreement is considered unlimited if:

• Documents for providing a workplace do not indicate the completion date of the worker’s or employee’s activities.
• The conclusion of an agreement is necessary for a specific period, without the necessary grounds (by decision of the labor inspectorate).

Registration and payment to the employee

The conclusion of an employment contract provides for the following information:

• The initials of the applicant with their decoding.
• The name of the company or firm where the employment is taking place.
• Identification documents of the new employee.
• Individual Taxpayer Number of a company (other than an individual).
• Information about the direct employee providing documents for employment.
• Date, place of conclusion of the contract, registration of work under the contract.
• Position, specialty, qualifications, new place of work.
• Date the employee was hired (start of employment).
• End date of employment (registration of an employee under a fixed-term contract).
• Norms and rules for employee remuneration.
• Working hours schedule.
• Rules for compulsory social health insurance for employees.

Read also: Fines for violation of labor laws 2019

The necessary documentation for registration of employment is regulated by law according to the Labor Code of the Russian Federation. In addition to mandatory norms and documents, an employment contract sometimes includes some more. This includes the new employee’s obligations to not disclose State Secrets, secret tests, research, etc.

Also, the obligation to work for the required, agreed upon period of time, after training paid for by the employer. Citizens obtaining a position in the municipal administration, civil service, or other similar places are required (except for an employment application) to fill out a form. Unlike all other professions, where similar rules for drawing up a fixed-term employment contract, as well as an open-ended one, are not mandatory.

Filling out personal data

Many employers ask a new employee to fill out personal information, but this is not mandatory and is not regulated by the Labor Code of the Russian Federation. Nor can it serve as a basis for refusal of employment by a firm, company, or private entrepreneur providing a new job. In this case, the procedure for formalizing the termination of an employment contract is clearly regulated by law.

Documentation of all necessary actions on the part of the new employee with the corresponding entry in the work book begins from the moment when documents for employment are submitted to the personnel department of the enterprise or company. In the employment agreement, the employee’s registration clearly regulates the amount of the latter’s salary or the wording with the amendment “in the normal manner.”

In this case, the new worker or employee must be introduced to the regime for issuing cash payments, advances, and their amounts, which is certified by the applicant’s signature with the wording “Acquainted.” Otherwise, the labor inspectorate regards this fact as violating the legislation of the Russian Federation and illegal registration of the employee.

The employer undertakes to fully and promptly issue advance payments and wages to employees, provided that the employees comply with the basic rules of work procedures, which are regulated by the rules of the Labor Code of Russia. The employment contract does not include the conditions and rules for reducing wages in case of violation of internal regulations, reducing the time of legal leave, or other sanctions.

The actions are illegal and entail administrative punishment, both when concluding a fixed-term employment contract and an open-ended one, as well as for the incorrect procedure for formalizing the termination of an employment contract with a former employee of an enterprise or company.

Probation period and other nuances of work under the contract

To more thoroughly study the professional abilities of a new employee, the employer has the right to assign the latter a trial period, which is fixed in the contract initially, both in cases of a fixed-term employment contract and on a permanent basis. Establishing it by direct order is prohibited by the Labor Code of the Russian Federation, even by agreement with the new employee.

If the probationary period is not specified in the contract, the employee is hired for the position without completing a professional suitability test.

The above-mentioned trial period by law must not exceed three months. For higher level positions (company manager, deputy manager, chief accountant, etc.) it increases to six months, if necessary.

The probationary period does not apply to some new employees (minors, pregnant women, new employees, etc.). If the new employee does not meet his position, the latter does not complete the probationary period. He is informed about this in writing a maximum of three days before the end of the inspection. The procedure for registering termination of an employment contract is standard.

And formalizing the termination of an employment contract involves issuing a notice of dismissal due to inadequacy for the position held based on the results of the tests. The second copy of the document is kept by the employer. The dismissed employee certifies in writing the received document regarding its discrepancy with the date of review.

Drawing up an employment contract

Any employment contract is drawn up in at least two copies, carefully reviewed by the worker and the employer, and in order to avoid inconsistencies and disagreements, it is subsequently certified by both in writing. The conclusion of an agreement to provide a workplace to a new employee is recorded in the journal for registering documents and employment contracts.

One sample is received by the employee, the other remains in the personnel department of the company, the employer writes into it: “copy second received” with a signature and date. The direct hiring of a new employee or worker for a position is formalized by an order issued upon conclusion of the contract, taking into account all the necessary formalities.

According to the legislation of the Russian Federation, the registration of a fixed-term employment contract implies the presence of necessary and sufficient evidence that the nature of the work provided does not allow the employment of a new employee for an indefinite period. If there are no reasons, then the Labor Inspectorate issues an order to accept a permanent agreement, with possible administrative penalties.

According to the law of the Russian Federation, the execution of an employment contract provides for familiarization of the future employee with all regulatory documents under the signature of the latter (work regulations, safety instructions, labor protection, collective responsibilities, etc.). With all the necessary acts regulating the rules and norms of labor discipline in the immediate workplace.

The signature on familiarization is recorded in a special journal or act, which is then filed in the personal file, contract of the new worker or employee. The procedure for formalizing the termination of an employment contract is regulated by the basic rules and regulations of the Labor Code of the Russian Federation with the necessary entries in the work book of the dismissed employee.

Legal advice on labor law

How to draw up an employment contract

The conclusion of an employment contract is very important in the relationship between the employer and the employee; a correctly drawn up employment contract in many cases allows one to avoid the occurrence of labor disputes and disagreements between the parties to the employment contract.

Rules for drawing up an employment contract

The employment contract is concluded in two copies. One copy is kept by the employee, the other by the employer. It may happen that the employment contract is drawn up incorrectly by the entrepreneur. However, it is considered concluded if the employee began work with the permission of the entrepreneur.

According to the employment contract, the entrepreneur must:

• provide employees with work stipulated by the employment contract;
• ensure labor safety and conditions that meet occupational safety and health requirements;
• provide employees with equipment, tools, technical documentation and other means necessary to perform their job duties;
• provide workers with equal pay for work of equal value;
• pay in full the wages due to employees within the time limits established by this Code, the collective agreement, the internal labor regulations of the organization, and employment contracts;
• provide for the everyday needs of employees related to the performance of their job duties;
• carry out compulsory social insurance of employees in the manner established by federal laws;
• compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and on the terms established by this Code, federal laws and other regulatory legal acts;
• perform other duties provided for by this Code, federal laws and other regulatory legal acts containing labor law standards, collective agreements, agreements and employment contracts.

• conscientiously fulfill his labor duties assigned to him by the employment contract;
• comply with the internal labor regulations of the organization;
• observe labor discipline;
• comply with established labor standards;
• comply with labor protection and occupational safety requirements;
• treat the property of the employer and other employees with care;
• immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property.

As a rule, an entrepreneur can hire a person only from the age of 16. However, there are exceptions to this rule. A minor can be hired from the age of 14 if the following conditions are met:

• he is engaged in light work that does not cause harm to health;
• works in his free time from studies;
• entry to work requires the consent of one of the parents (guardian, trustee) and the consent of the guardianship and trusteeship authority.

Mandatory terms of the contract

The contract is concluded immediately upon hiring an employee and must be in writing. The employment contract specifies all the mandatory conditions for cooperation between the employer and the employee, namely:

• Last name, first name and patronymic of the employee and entrepreneur.
• Place of work. The entrepreneur must specify the exact address of the new employee’s place of work.
• Start date of work. The date when the employee must begin work is indicated.
• Duration of the fixed-term employment contract. An employment contract can be concluded for either an indefinite or a definite period. This issue is resolved by agreement of the parties (Article 304 of the Labor Code of the Russian Federation).

The employer is obliged to conclude a written employment contract with the employee within three days from the date of actual access to work (Article 67 of the Labor Code of the Russian Federation).

An employment contract comes into force on the date of its signing or from the moment when the employee begins to perform his duties, namely on the day established by the contract, or the next day after the contract enters into force. If the employee does not start work without good reason within a week from the specified date, the contract is terminated.

An employment contract is a necessary formality, a document that defines all the nuances of the relationship between an employee and his employer. This agreement must necessarily reflect all the obligations and rights of the participants in the labor process, that is, their future labor relations must be described. There are cases when the employer is in no hurry to conclude this agreement with the employee. But such a situation violates the laws of the Russian Federation, and if for the employer such a violation threatens with a fine, then the employee faces more serious problems, because in which case he will have to prove in court even the fact of working for this employer. Therefore, the process of registration and the fact of signing an employment contract is very important.

Conclusion and execution of an employment contract

First, let's determine whether the concepts of “concluding an employment contract” and “executing an employment contract” are the same, are they equivalent? According to the Labor Code, one must understand that “the moment of conclusion” and “the moment of execution of an employment contract” are not entirely equivalent concepts; the events corresponding to them do not even coincide in time. The conclusion must precede registration, that is, labor relations can arise before the official order to hire a person. And although it is difficult to prove the fact of concluding an agreement during this period, nevertheless, this does not change the legal side of the matter. An employment contract is considered concluded from the very moment when the employee, with the knowledge of his employer, began to perform his job duties. After this, the employer is obliged to draw up a written employment contract within the established time frame (three days). The final point - when we can say that the employee is officially registered - is the issuance of an order (order) to accept him for work. If the employer himself violated the deadlines for drawing up the contract after it was concluded, then the employee cannot bear any responsibility for this; all responsibility lies entirely on the shoulders of the employer.

According to Art. 65 of the Labor Code of the Russian Federation, when hiring a person, an employer has the right to request only certain documents, which the future employee will be required to provide.

Often, the employer also requests other documents, for example, a tax identification number or a registration certificate. Since the employment contract provides only a certain list of documents, the absence of the same registration cannot become an official reason for termination of the employment contract. Such demands are illegal.

How is an employment contract drawn up?

The procedure for drawing up an employment contract is clearly described in Art. 63 Labor Code of the Russian Federation and Art. 71 Labor Code of the Russian Federation. Upon employment, the applicant will be required to write a standard job application. After this, the employer is obliged to provide the employee with a form of an employment contract, as well as familiarize him with the internal rules and all existing instructions that will directly relate to the work.

An employment contract is always drawn up in two copies: one for the employee, the other remains in the hands of the employer. The contract should reflect:

• rest and work schedule;
• salary bonus system and all kinds of allowances;
• vacation - how it is formed and how it is provided;
• rights, duties and responsibilities of the parties.

You should carefully read the contents of the document before signing. This will guarantee the stability of future work.